New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-01-04
DID PAINE MAKE A. WILT
MORE ABOUT HIS HABITS AND TALK.
WHAT wARDwELL WAS HEARD TO sAY-A WILL
THAT WAS NOT SIGNED

WHAT wARDwELL WAS HEARD TO SAY-A WILL
THAT WAS NOT SIGNED.
The for the establishment OF the Will said to
have been made by James II. Paine the iser. was con-
tnued yesterday before Surrogate Rollins. j. W. Daniels
was first recalled and crossexamined without eciting
any facts The next witness was Mrs. Henry p VOL
colt. wife of portratp painter, whose studio at No %
East Foureenthst separated by wooden partition
from the office of wardwell. the beneficiary
under tho alleged will She testified that
one DAY she Paine standing at Wardwelrs
door, He asked her to read the notices on Wardwens
door, Paine asked her to tell wardwel on his return
that he wanted him about something important
When Wardwell returned she told him what Paine had
said He said Paine was highly educated and talented
but great mser and that he had great deal OF
money but would not leave 1t TO anybody as he would
ney er make will She told him day that she had
heard Paine going to leave his money to him ward
well replied that this not true He asked who told her
and she told him man named Clark. friend OF
Warlwel The latter replied that Clark did not know
nythng about it. At another time Wardwen advised
her not to allow Paine to go into the studio as there
would be great difficulty in getting him out once she
heard Clark say Wardwe that she had said that Paine
was looking feeble added that wardwell did not
look something would happen TO old Paine
and he (wardwelD would not get a cent On the
day Panewas hurt Wardwell said to her that no
had lust come hospital and could not find any OF
Paine money. He said that krenchnan had stolen
papers and was supposed have fled to France After
Panes death she heard wardwell promise to give some
person either 80 900 IL he would sign paper
The person refused do unless Wardwel would also
sign paper for him. The same day she heard Wardwen
and a whose accent showed MIN to be Frenchuan
counting gold. She had been ont and tho counting was
going on when she returned and cOnnuet nom twenty
To thirty minutes after She saw Paine begging In Four
teenihst on one occasion lie had solt iet nat %'Sn
he held ont To passersby in bcseechlng manner out he
did not say ANYTHING ,,, ., -.
TO ceran parts Of the conversations spoken OF oy he
Noah b. Price. general agent % the Hrightn rnarma-
quairted with Paine in 1873 They chums." and
the boys would say when Paine approached. There
man ut the Young Mems Christian Association Building
aud Pain sometimes went there. lie would often talk
The witncs, afcrward was in business and Paine called
him at his office lie last saw Paine IN November
1888 The witness gave him money and food, and
once gave him a tail hat. He gave him 500 once $50
Paine would come into his Office and say: Cant you
give little eat drink todayF Sometimes the
witness would leave the office aud Paine would send the
boy to get something The boy would look at him
aud Paine would say: "Oh that is all right Mt Price
times say Paine: You have great deal more money
than have and you ought not 10 come mere
"0h. I'll make that all right; when die I'll leave you
the bulk Of my PROPERTY Paine said his property was
all tied MP Some ont West and some was In the
hands people from whom lie could not get any money
one day Wardwell called and asked the witness II he
could pay Paine something and soon after the witness
went fO Paine who said that Wardwel and several
Others among whom man named segrist
Paine said that Warwc had asked him If lie could not
some collecting for him In part payment falne sal.
he had sent Warwc Ia the Witness 10 show him that ne
could intending to use the Iac as
"A me in- uf forcing Mnriwci To give him some money.
Warwc one day told the witness that he did not believe
that Paine woud make Will, he was AFRAID 10
let ANY sce him sign his name; ana ne saiu
that no man had seen Paine's signature.
, one day In the latter part OF lss3 the
warJiWcl has about your making n Will - The nl"ec
became angry Jumped mp and stamped MA feet. cursed
and exclaimed 9" Why did ardW ell give that away
Then he cooled of and said: Well my boy VIII tell
Won how that s There Vas viii drawn 10 opNihte
trouble between Mr. Mnuiwell and n lawyer named
Allen" Paine said further that the lawyer was pushing
Mr. Wanlwcll for money and the VIII was drawn Tor
the purpose Of making the lawyer suppose
well aud Warlwell would pay all nj. epts lie si
ne never signed the Will aud never intended 10 nus
conversation took place november l. 1881. Inc VIII
hes. -.a had Paine two nocs, when ne Wehl-
I'm phriscology except IA To the amounts IA
' NEwYoRK February q. 1882.
Mr. j. H. Paine this day dc Osti with me- the SUN OF
Z 500 which / hold trust for HIM ana r..
turn the slue ho calls Tor IT. No inter ST
l. o r cha erd by Paine THIS deposit II being SIM
honor an friendly matter ami not business uah'ac'
'o" ." any NOAH b PRICK IN tru,p. y GolisL
Being askci why he gave notes the witness said
briug IA very nnc young man ne could snow
these notes nd money ou them. Ihcy we're not
for value received The witness now had no claim against
a..sne brother In ls-i security Tor money no
oNri him. Ihe claim eprcsetrd 10y TWO notes. one
for 500 aud one 500 given MIN ny Paine IL ths
claim was iliD ned The witness expected 10 receive po
tipu Of the money.
Inc nes~ug VIII be resumed at IL IL H. to-day